Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Act 2024

(64 of 2024)

An Act to amend the Criminal Code Act 1995, and for related purposes

[Assented to 9 July 2024]

The Parliament of Australia enacts:

1   Short title

This Act is the Criminal Code Amendment (Protecting Commonwealth Frontline Workers) Act 2024.

2   Commencement

 

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

      

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1   Amendments

Criminal Code Act 1995

1   Section 146.1 of the Criminal Code

Before "In this Part", insert "(1)".

2   Section 146.1 of the Criminal Code

Insert:

Commonwealth frontline worker has the meaning given by subsection (2).

3   At the end of section 146.1 of the Criminal Code

Add:

(2) A Commonwealth frontline worker is a person:

(a) who is a Commonwealth public official; and

(b) who performs work requiring the person to deal directly (whether or not in person) with the public, or a class of the public, as a primary function of their role; and

(c) who is not a Commonwealth judicial officer or a Commonwealth law enforcement officer.

(3) Without limiting paragraph (2)(b), the regulations may prescribe one or more categories of persons who, for the purposes of that paragraph, are taken to perform work requiring the persons to deal directly with the public, or a class of the public, as a primary function of their role.

4   Subsection 147.1(1) (paragraph (f) of the penalty) of the Criminal Code

Omit "or a Commonwealth law enforcement officer", substitute ", a Commonwealth law enforcement officer or a Commonwealth frontline worker".

5   Paragraph 147.1(1B)(b) of the Criminal Code

Omit "or a Commonwealth law enforcement officer", substitute ", a Commonwealth law enforcement officer or a Commonwealth frontline worker".

6   Subsection 147.2(1) (paragraph (e) of the penalty) of the Criminal Code

Omit "or a Commonwealth law enforcement officer", substitute ", a Commonwealth law enforcement officer or a Commonwealth frontline worker".

7   Application of amendments

The amendments of the Criminal Code made by this Schedule apply in relation to any conduct engaged in after the commencement of this Schedule.